President Henry Middleton

Students and Teachers of US History this is a video of Stanley and Christopher Klos presenting America's Four United Republics Curriculum at the University of Pennsylvania's Wharton School. The December 2015 video was an impromptu capture by a member of the audience of Penn students, professors and guests that numbered about 200.

Henry Middleton was born in South Carolina in
1717 to Arthur Middleton (1681–1737) and Susan Amory (1690-1722), on his father's plantation, "The Oaks". Arthur Middleton, Henry's father, was a wealthy planter who had served as an acting governor of South Carolina during Henry's youth. Henry was educated in England before returning to South Carolina to inherit his father's plantation .

In 1745 Henry Middleton was elected to the
commons of South Carolina, and was speaker of that body from 1745 -1747.
He also served as a representative of St. George's in 1754 -1755. In 1755 he
was appointed the King’s Commissioner on Native American affairs. Middleton gained notoriety during the 1760 -
61 war with the Cherokees where he was found to be steady under pressure and
courageous. After the war he was elected
to the South Carolina Colonial Council serving until 1770 when he resigned to
focus on business. In 1774 he was elected a delegate to the
Continental Congress empowered by these resolutions:

RESOLUTIONS
unanimously entered into by the Inhabitants of SOUTH CAROLINA, at a General
Meeting, held at Charles Towns, in the said colony, on Wednesday, Thursday and
Friday, the 6th, 7th and 8th days of July, 1774.

RESOLVED, THAT his Majesty subjects in North
America owe the same allegiance to the Crown of Great Britain that is due from
his subjects born in Great Britain. Resolved, that his Majesty subjects in
America are intitled to all the inherent rights and liberties of his natural
born subjects within the kingdom of Great Britain.

Resolved,
that it is repugnant to the rights of the people, that any taxes should be
imposed on them, unless with their own consent, given personally, or by their
Representatives.

Resolved,
That it is a fundamental right which his Majesty liege subjects are intitled
unto, that no man should suffer in his person or property without a fair trial,
and judgment given by his Peers, or by the Law of the Land.

Resolved,
That all trials of treason, misprision of treason, or for any felony or crime
whatever, committed and done in this his Majesty Colony, by any person or
persons residing therein, ought of right to be had and conducted in and before
his Majesty courts held within the said Colony, according to the fixed and
known course of proceeding, and that the seizing any person or persons residing
in this Colony, sus­pected of any crime whatever committed therein, and sending
such person or persons to places beyond the sea to be tried, is oppressive and
illegal, and highly derogatory to the rights of British subjects; as thereby
the inestimable privilege of being tried by a jury from the vicinage, as well
as the benefit of summoning and procuring witness­es on such trial, will be
taken away from the party accused.

Resolved,
that the statute made in the 35th year of Henry VIII. chap. 2, intituled,
"An Act for the trial of treasons committed out of the King dominions,
"does not extend, and cannot, but by an arbitrary and cruel construction,
be construed to extend to treasons, misprisions of treasons, or concealment of
treasons, committed in any of his Majesty American Colonies, where there is
sufficient provision, by the law of the land, for the impartial trial of all
such persons as are charged with, and for the due pun­ishment of, those
offences.

Resolved,
That the late act for shutting up the Port of Boston, and the two bills rela­tive
to Boston, which, by the last accounts from Great Britain, had been brought
into parliament, there read, and committed, are of the most alarming nature to
all his majesty subjects in American - are calculated to deprive many thousand Americans
of their rights, properties and privileges, in a most cruel, oppressive and
unconstitution­al manner - are most dangerous precedents, and, though levelled
immediately at the people of Boston, very manifestly and glaringly shew, if the
inhabitants of that town are intimidated into a mean submission to said acts,
that the like are designed for all the Colonies; when not even the shadow of
liberty to his person, or of security to his property, will be left to any of
his subjects residing on the American continent.

Resolving
therefore, That not only the dictates of humanity, but the soundest princi­ples
of true policy and self preservation, makes it absolutely necessary for the
inhabi­tants of all the Colonies in America to assist and support the people of
Boston, by all lawful ways in their power; and especially, to leave no
justifiable means untried to pro­cure a repeal of those acts immediately
relative to them, and also of all others affect­ing the constitutional rights
and liberties of America in general, as the best means to effect this most
desirable end.

Resolved,
That Henry Middleton , John Rutledge, Christopher Gadsden, Thomas Lynch, and
Edward Rutledge, Esquires, be and they are hereby nominated and appointed
Deputies, on the part and behalf of this Colony, to meet the Deputies of the
several Colonies of North America, in general Congress, the first Monday in
September next, at Philadelphia, or at any other time or place that may be
generally agreed on; there to consider the act lately passed, and bills
depending in Parliament, with regard to the port of Boston, and province of
Massachusetts Bay, which act and bills, in the precedent and consequences,
affect the whole continent - also the grievances under which America labours by
reason of the several acts of Parliament, that impose taxes or duties for
raising a revenue, and lay unnecessary restraints and burthens on trade-and of
the statutes, parliamentary acts, and Royal instructions, which make an
invidious distinction between his Majesty subjects in Great Britain and in
America - with full power and authority, in behalf of us and our constituents,
to concert, agree to, and effectually prosecute such legal measures (by which
we, for ourselves and them, most solemnly engage to abide) as in the opinion of
the said Deputies, and of the Deputies so to be assembled, shall be most likely
to obtain a repeal of the said acts, and a redress of those grievances.

Resolved, that we will agree to pay the
expence of such gentlemen, as may be fixed upon to be sent upon this business.
Resolved, That while the oppressive acts relative to Boston are enforced, we
will cheerfully, from time to time, contribute towards the relief of such poor
persons there, whose unfortunate circumstances, occasioned by the operation of
those acts, may be thought to stand in need of most assistance.[1]

Henry Middleton was one of the largest
plantation owners in the south and relied heavily on trade with England for his
income. He was exceptionally wealthy
for a Colonist, fiercely loyal to King George III and was readily elected the
leader of the South Carolina delegation to the First Continental Congress for
these reasons. Middleton supported the
selection of Peyton Randolph as the first
President of the Continental Congress as a fellow southern gentleman with
family ties to the crown. On September 7, 1774, Delegate Silas Deane wrote to his wife, Elizabeth Deane, describing Henry Middleton as:

Col. Middleton is the only remaining Member for that province whom I have not Characterized. He appears very modest, has said but little hitherto, is I judge Fifty Years of Age, and of a very slender Thin habit, but is in high esteem with his Acquaintance.

When Peyton Randolph was called from Philadelphia to
Virginia to take his seat as Speaker of the Virginia House of Burgesses,
Middleton was the natural choice to replace Randolph as the second President of
the now United Colonies of America’s Continental Congress. The Journals report:

1774
- October 22 Agrees to reconvene
on May 10, 1775, "unless the
redress of griev­ances, which we have desired, be obtained before that
time." Elects Henry Middleton President. October 26 approves an
address to the king and a letter to Quebec. Congress dissolves itself. [2]

Who Was the First U.S. President?

Although Middleton's tenure as President was
only four days important legislation remained on the table in this first session
of the Continental Congress. One of Middleton’s first official acts was to execute
a letter as President supporting the efforts of oppressed New England colonists.
The measure, although passed on October 22nd, 1774, was not
transcribed until the 26th and
thus is executed by Middleton as President:

The present critical and truly alarming state of American affairs,
having been considered in a general Congress of deputies, from the colonies of
New-Hampshire, Massachusetts-bay, Rhode-island, Connecticut, New-York,
New-Jersey, Pennsylvania, the lower counties on Delaware, Maryland, Virginia,
North-Carolina, and South-Carolina, with that attention and mature
deliberation, which the important nature of the case demands, they have
determined, for themselves and the colonies they represent, on the measures
contained in the enclosed papers; which measures they recommend to your colony
to be adopted with all the earnestness, that a well directed zeal for American
liberty can prompt. So rapidly violent and unjust has been the late conduct of
the British Administration against the colonies, that either a base and slavish
submission, under the loss of their ancient, just, and constitutional liberty,
must quickly take place, or an adequate Opposition be formed.

We pray God to take you under
his protection, and to preserve the freedom and happiness of the whole British Empire.
Henry Middleton, President [3]

Four days later, the following Letter to King George III was unanimously
approved and also signed by Middleton as President:

The Address to the King by the First Continental Congress from the Journals of Congress 1774 - Stan Klos Collection

The Address to the King[4] being
engrossed and compared was signed at the table by all the Members:—

To the King's Most Excellent
Majesty:

MOST GRACIOUS SOVEREIGN:
We, your Majesty's faithful subjects of the Colonies of New-Hampshire, Massachusetts Bay, Rhode-Island and Providence Plantations, Connecticut,
New-York, New-Jersey, Pennsylvania, the Counties of New-Castle, Kent, and Sussex,
on Delaware, Maryland, Virginia, North
Carolina, and South Carolina, in behalf of ourselves and the inhabitants
of those Colonies who have deputed us to represent them in General Congress, by
this our humble Petition, beg leave to lay our Grievances before the Throne. A
Standing Army has been kept in these Colonies ever since the conclusion of the
late war, without the consent of our Assemblies; and this Army, with a
considerable naval armament, has been employed to enforce the collection of
Taxes.

The authority of the Commander-in-Chief, and under him of the
Brigadiers General has, in time of peace, been rendered supreme in all the
Civil Governments in America.

The Commander-in-chief of all your Majesty's Forces in North America, has, in time of peace,
been appointed Governour of a Colony.

The charges of usual offices have been greatly increased; and new,
expensive, and oppressive offices have been multiplied.

The Judges of Admiralty and Vice Admiralty Courts are empowered to receive
their salaries and fees from the effects condemned by themselves.

The Officers of the Customs are empowered to break open and enter
houses, without the authority of any Civil Magistrate, founded on legal
information.

The Judges of Courts of Common Law have been made entirely dependent on
one part of the Legislature for their salaries, as well as for the duration of
their commissions.

Counsellors, holding their commissions during pleasure, exercise
Legislative authority. Humble and reasonable Petitions from the Representatives
of the People, have been fruitless. The Agents of the People have been
discountenanced, and Governours have been instructed to prevent the payment of
their salaries. Assemblies have been repeatedly and injuriously dissolved. Commerce
has been burthened with many useless and oppressive restrictions.

By several Acts of Parliament made in the fourth, fifth, sixth,
seventh, and eighth years of your Majesty's Reign, Duties are imposed on us for
the purpose of raising a Revenue; and the powers of Admiralty and Vice
Admiralty Courts are extended beyond their ancient limits, whereby our property
is taken from us without our consent; the trial by jury, in many civil cases,
is abolished; enormous forfeitures are incurred for slight offences; vexatious
informers are exempted from paying damages, to which they are justly liable,
and oppressive security is required from owners before they are allowed to
defend their right.

Both Houses of Parliament have resolved, that Colonists may be tried in
England for offences alleged to
have been committed in America,
by virtue of a Statute passed in the thirty-fifth year of Henry the Eighth, and, in consequence
thereof, attempts have been made to enforce that Statute.

A Statute was passed in the twelfth year of your Majesty's Reign,
directing that persons charged with committing any offence therein described,
in any place out of the Realm, may be indicted and tried for the same in any
Shire or County within the Realm, whereby the inhabitants of these Colonies
may, in sundry cases, by that Statute made capital, be deprived of a trial by
their peers of the vicinage.

In the last sessions of Parliament an Act was passed for blocking up the
Harbour of Boston; another
empowering the Governour of the Massachusetts
Bay to send persons indicted for murder in that Province, to another
Colony, or even to Great Britain,
for trial, whereby such offenders may escape legal punishment; a third for
altering the chartered Constitution of Government in that Province; and a
fourth for extending the limits of Quebec,
abolishing the English and
restoring the French laws,
whereby great numbers of British
Freemen are subjected to the latter, and establishing an absolute Government
and the Roman Catholic Religion throughout those vast regions that border on
the Westerly and Northerly boundaries of the free Protestant English settlements; and a fifth, for
the better providing suitable Quarters for Officers and Soldiers in his
Majesty's service in North America.

To a Sovereign, who glories in the name of Briton, the bare recital of these Acts must, we presume, justify
the loyal subjects, who fly to the foot of his Throne, and implore his clemency
for protection against them.

From this destructive system of Colony Administration, adopted since
the conclusion of the last war, have flowed those distresses, dangers, fears,
and jealousies, that over-whelm your Majesty's dutiful Colonists with
affliction; and we defy our most subtle and inveterate enemies to trace the
unhappy differences between Great
Britain and these Colonies, from an earlier period, or from other causes
than we have assigned. Had they proceeded on our part from a restless levity of
temper, unjust impulses of ambition, or artful suggestions of seditious
persons, we should merit the opprobrious terms frequently bestowed upon us by
those we revere. But so far from promoting innovations, we have only opposed
them; and can be charged with no offence, unless it be one to receive injuries
and be sensible of them.

Had our Creator been pleased to give us existence in a land of slavery,
the sense of our condition might have been mitigated by ignorance and habit.
But, thanks be to his adorable goodness, we were born the heirs of freedom, and
ever enjoyed our right under the auspices of your Royal ancestors, whose family
was seated on the British
Throne to rescue and secure a pious and gallant Nation from the Popery and
despotism of a superstitious and inexorable tyrant. Your Majesty, we are
confident, justly rejoices that your title to the Crown is thus founded on the
title of your people to liberty; and, therefore, we doubt not but your royal
wisdom must approve the sensibility that teaches your subjects anxiously to
guard the blessing they received from Divine Providence, and thereby to prove
the performance of that compact which elevated the illustrious House of Brunswick to the imperial dignity it
now possesses.

The apprehension of being degraded into a state of servitude, from the
pre-eminent rank of English
freemen, while our minds retain the strongest love of liberty, and clearly
foresee the miseries preparing for us and our posterity, excites emotions in
our breasts which, though we cannot describe, we should not wish to conceal.
Feeling as men, and thinking as subjects, in the manner we do, silence would be
disloyalty. By giving this faithful information, we do all in our power to
promote the great objects of your Royal cares, the tranquility of your
Government, and the welfare of your people.

Duty to your Majesty, and regard for the preservation of ourselves and
our posterity, the primary obligations of nature and of society, command us to
entreat your Royal attention; and, as your Majesty enjoys the signal
distinction of reigning over freemen, we apprehend the language of freemen
cannot be displeasing. Your Royal indignation, we hope, will rather fall on
those designing and dangerous men, who, daringly interposing themselves between
your Royal person and your faithful subjects, and for several years past
incessantly employed to dissolve the bonds of society, by abusing your
Majesty's authority, misrepresenting your American subjects, and prosecuting the most desperate and
irritating projects of oppression, have at length compelled us, by the force of
accumulated injuries, too severe to be any longer tolerable, to disturb your
Majesty's repose by our complaints.

These sentiments are extorted from hearts that much more willingly
would bleed in your Majesty's service. Yet, so greatly have we been
misrepresented, that a necessity has been alleged of taking our property from
us without our consent, "to defray the charge of the administration of
justice, the support of Civil Government, and the defense, protection, and
security of the Colonies." But we beg leave to assure your Majesty that
such provision has been and will be made for defraying the two first artifices,
as has been and shall be judged by the Legislatures of the several Colonies
just and suitable to their respective circumstances; and, for the defense,
protection, and security of the Colonies, their Militias, if properly
regulated, as they earnestly desire may immediately be done, would be fully
sufficient, at least in times of peace; and, in case of war, your faithful
Colonists will be ready and willing, as they ever have been, when
constitutionally required, to demonstrate their loyalty to your Majesty, by
exerting their most strenuous efforts in granting supplies and raising forces.*

* An Estimate of the number of Souls in the following Provinces, made
in Congress, September, 1774:

Yielding to no British
subjects in' affectionate attachment to your Majesty's person, family, and
Government, we too dearly prize the privilege of expressing that attachment by
those proofs that are honorable to the Prince who receives them, and to the
People who give them, ever to resign it to anybody of men upon earth.

Had we been permitted to enjoy, in quiet, the inheritance left us by
our forefathers, we should, at this time, have been peaceably, cheerfully, and
usefully employed in recommending ourselves, by every testimony of devotion, to
your Majesty, and of veneration to the state, from which we derive our origin.
But though now exposed to un expected and unnatural scenes of distress by a
contention with that Nation in whose parental guidance on all important
affairs, we have hitherto, with filial reverence, constantly trusted, and
therefore can derive no instruction in our present unhappy and perplexing
circumstances from any former experience; yet, we doubt not, the purity of our
intention, and the integrity of our conduct, will justify us at that grand
tribunal before which all mankind must submit to judgment.

We ask but for Peace, Liberty, and Safety. We wish not a diminution of
the prerogative, nor do we solicit the grant of any new right in our favor.
Your Royal authority over us, and our connection with Great Britain, we shall always carefully and zealously endeavor
to support and maintain.

Filled with sentiments of duty to your Majesty, and of affection to our
parent state, deeply impressed by our education, and strongly confirmed by our
reason, and anxious to evince the sincerity of these dispositions, we present
this Petition only to obtain redress of Grievances, and relief from fears and
jealousies, occasioned by the system of Statutes and Regulations adopted since
the close of the late war, for raising a Revenue in America—extending the powers of Courts of Admiralty and Vice
Admiralty—trying persons in Great
Britain for offences alleged to be committed in America—affecting the Province of Massachusetts Bay—and altering the Government and extending the
limits of Quebec; by the
abolition of which system the harmony between Great Britain and these Colonies, so necessary to the happiness
of both, and so ardently de sired by the latter, and the usual intercourses
will be immediately restored. In the magnanimity and justice of your Majesty
and Parliament we confide for a redress of our other grievances, trusting,
that, when the causes of our apprehensions are removed, our future conduct will
prove us not unworthy of the regard we have been accustomed in our happier days
to enjoy. For, appealing to that Being, who searches thoroughly the hearts of
his creatures, we solemnly profess, that our Councils have been influenced by
no other motive than a dread of impending destruction.

Permit us then, most gracious Sovereign, in the name of all your faithful
People in America, with the
utmost humility, to implore you, for the honor of Almighty God, whose pure Religion our enemies
are undermining; for your glory, which can be advanced only by rendering your
subjects happy, and keeping them united; for the interests of your family
depending on an adherence to the principles that enthroned it; for the safety
and welfare of your Kingdoms and Dominions, threatened with almost un avoidable
dangers and distresses, that your Majesty, as the loving Father of your whole
People, connected by the same bands of Law, Loyalty, Faith, and Blood, though
dwelling in various countries, will not suffer the transcendent relation formed
by these ties to be farther violated, in uncertain expectation of effects,
that, if attained, never can compensate for the calamities through which they
must be gained.

We therefore most earnestly beseech your Majesty, that your Royal
authority and interposition may be used for our relief, and that a gracious
Answer may be given to this Petition.

That your Majesty may enjoy every felicity through a long and glorious Reign,
over loyal and happy subjects, and that your descendants may inherit your
prosperity and Dominions till time shall be no more, is, and always will be,
our sincere and fervent prayer.

In a final letter on October 26, 1774,
President Middleton requesting the aid of colony Agents Paul
Wentworth, Dr. Benj. Franklin, William Bollan, Dr. Arthur
Lee, Tho. Life, Edmund Burke, Charles Garth" to deliver and champion the acts of the First Continental Congress.

GENTLEMEN: We give you the strongest proof of our
reliance on your zeal and attachment to the happiness of America, and the cause of liberty,
when we commit the enclosed papers to your care.

We desire
that you will deliver the Petition into the hands of his Majesty, and after it
has been presented, we wish it may be made public, through the press, together
with the List of Grievances. And as we hope for great assistance from the
spirit, virtue, and justice of the Nation, it is our earnest desire that the
most effectual care be taken, as early as possible, to furnish the Trading
Cities and Manufacturing Towns throughout the United Kingdom, with our Memorial
to the People of Great Britain.

We doubt not
but your good sense and discernment will lead you to avail yourselves of every
assistance that may be derived from the advice and friendship of all great and
good men, who may incline to aid the cause of liberty and mankind.

The gratitude
of America, expressed in the
enclosed Vote of Thanks, we desire may be conveyed to the deserving objects of
it in the manner that you think will be most acceptable to them.

It is
proposed that another Congress be held on the tenth of May next, at this place, but, in the meantime, we beg the favor
of you, gentlemen, to transmit to the Speakers of the several Assemblies, the
earliest information of the most authentic accounts you can collect of all such
conduct and designs of Ministry, or Parliament, as it may concern America to know.

We are, with
unfeigned esteem and regard, Gentlemen, By order and in behalf of the

Middleton returned home with his new found
national prestige and was elected President of the Provincial Congress of South
Carolina which, for the first time, issued a resolution of the public thanks
for a member’s past services. Henry Middleton was now considered a rebel and
traitor by the Crown. The American Archives published the following
letter “From London To A Gentleman
Of New-York,” dated January 30, 1775 reporting a commission sent to General
Gage, to try and execute certain persons in the Colonies. The letter
reads:

From
unquestionable authority I learn, that about a fortnight ago, despatches were
sent from hence by a Sloop-of-War to General Gage, containing among other
things, a Royal Proclamation, declaring the inhabitants of Massachusetts Bay,
and some others in the different Colonies, actual Rebels; with a blank
Commission to try and execute such of them as he can get hold of;—with this is
sent a list of names, to be inserted in the Commission as he may judge
expedient. I do not know them all, but Messrs. Samuel Adams, John Adams, Robert
Treat Paine, and John Hancock, of Massachusetts Bay, John Dickinson of Philadelphia,
Peyton Randolph of Virginia, and Henry Middleton of South Carolina, are
particularly named, with many others. This black list, the General will no
doubt keep to himself, and unfold it gradually, as he finds it convenient. Four
Regiments from Ireland, one of them Light Dragoons, are under sailing orders
for Boston, with several capital Ships-of-War from hence, and six Cutters, to
obstruct the American trade, and prevent all European Goods from going there,
particularly Arms and Ammunition, which makes it expedient without a moment's
delay, to be provided with such things as you may want.

Last
Friday night, the 27th instant, in a Privy Council, the American measures were
all settled by the Ministry, part of them is to pass an Act of Parliament,
inflicting pains and penalties on particular persons and Provinces in America,
to countenance the infamous Proclamation and Commission already sent to General
Gage; also it is determined to take away the Charters of Rhode-Island and
Connecticut. I have not been able to learn the whole; though in general 1 am
informed it is denouncing utter destruction to American Liberty. Depend upon
all this to be fact.[6]

Middleton was reelected by the Provincial
Congress of South Carolina as delegate and returned to the Continental Congress
in May of 1775. He was appointed to The Council of Safety because Peyton
Randolph, who returned to Philadelphia as a Virginia Delegate, resumed the
office of President. Middleton remained an
influential and conservative delegate due to his position, wealth, and family
connections to the crown. He did much to
turn the balance in the southern delegations in favor of the Congress’s
direction towards colonial self-government.

On May 24th, 1775, Peyton Randolph was called back to Virginia and the Colonial Continental Congress was once again without a President. Although the official Journals do not record Middleton's refusal to accept the Presidency, Delegate Samuel Ward's Diary reports:

May 24th. Met. Mr. Randolph going to the Assembly, Mr. Middleton chosen, declined on Acct. of his ill State of Health & Mr. Hancock chosen, then resolved into a Comee. & Mr. Ward reported as above.

Middleton, did accept the office as a member of the Safety Council and acted often and in secrecy
on matters of great importance to the fledgling Colonial Continental Congress. Safety Committeeman Middleton
wrote on July 1, 1775:

By Directions of the Continental Congress, we have sent the vessell by
which this goes, to procure from you a Quantity of Gun-Powder for the Use of
the Armies actually in the Field for the Service of America.(1) The frequent
& severe Skirmishg in the Neighbourhood of Boston have so exhausted their
Magazines that an immediate Supply is absolutely necessary. We entreat you to
purchase all that can be bought in Town, & to dispatch this Vessel with it
for this Place as soon as possible, Together with as much as can be spared out
of the Public Stock without Danger to your own Safety. Should there be any
damaged Powder on Hand, please send it also, as it may be recovered here.

By one of the Resolutions inclosed to the General Committee you'l see
that it is recommended to the Southern Colonies to secure all the Salt Petre
that can be got as well from the Stores as from private Persons, which, as you
have no Powder Mills erected or Persons skilful in making Gun Powder, we woud
advise may be sent to be manufactured here. Shoud you be able to send more than
four Thousand Weight of Powder we woud wish the overplus may be sent by some
other Opertunity. In order to prevent Suspicion we have sent 200 Bushells of
Indian Corn in this Vessell which may be sold or exchanged for Rice, in which
the Casks of Powder may be concealed so perhaps as to prevent suspicion shoud
she unhappily be unable to avoid being overtaken by a Cruizer. The utmost
Secrecy and Dispatch are absolutely necessary. As large Quantities of Powder
will be wanted we strongly recommend that you continue to import all that you
can, and think it probable that large Quantitys might be got from the
government of the Havana as we can find no application there from any of these
Colonies. We are, Gentlemen, Your most Obedt Servants Henry Middleton, et
al [7]

Oath of Allegiance Signed by Henry Middletonin the Second Continental Congress - Stan Klos Collection.

On July 6th, 1775 the Colonial Continental Congress passsed The Declaration of the Causes and Necessity of Taking Up Arms to explain why the Thirteen Colonies had taken up arms in what had become the American Revolutionary War. The final draft of the Declaration was written by John Dickinson, who incorporated language from an earlier draft by Thomas Jefferson. Middleton voted in favor of the resolution and later that evening wrote his son Arthur:

My dear Son, Philadelphia July 6th. 1775.I have just time to acquaint you that I have sent under the care of Mr. Daniel Tucker, who tells me he shall embark in about an hour in a Schooner bound to George Town, two packages containing the Number of pieces of woollens mentioned in the enclosed paper, which I have bought for cloathing your Uncles Negroes. The Stuffs are not so good as I could wish them to be; and as they are much narrower than Negro cloth, will come rather high; but they will make a very good shift, and I thought it was better to purchase them, than let the Negroes suffer of want of cloathing. Mr. Tucker will forward them to Charles Town to Cap Blake, and I beg You will desire him to send them to Mr. Dupont as soon as he can meet with an Opportunity, after they come to hand.

We do not know that any thing material has happened in the Massachusett since the 17th ultimo. The Regulars suffered almost incredibly in the Engagement which happened on that day, for I believe it is pretty certain that they lost in the field of battle not less than thirty officers, and upwards of six hundred privates; and that they had upwards of fifty Officers and not less than six hundred privates wounded. General How it is said was amongst the latter and that he is since dead; but this report seems to want confirmation. General Gage has received a considerable reinforcement since the Engagement, but as the regulars have had so severe a drubbing, we are afraid they will not be prevailed upon to face the provincials again soon.

I purpose to set out on Saturday for New York, in order to see my friend Mr. Fenwicke, who Mr. Huger tells me is in a confirmed dropsy and is given over by the physicians, who attend him. I am really under much concern for poor Mrs. Fenwicke and greatly pity her Situation. I understand that he knows nothing yet of his Son Ned's being married to Miss Stuart; and as he has left him only an annuity in Case such a match should take place, I intend to break it to him and try whether I cannot persuade him to make an alteration in his Will in Ned's favour; and I hope he will not carry his resentment to the grave with him.

Mr. Tucker waits and therefore I must conclude my Letter; I need not tell you that I have wrote it in a hurry. Remember me affectionately to my Daughter and the Children, and to your Brother and Sisters & to Mr. Drayton & Mr. Pinckney.

I am, Your truly affecn. Father Henry Middleton

P.S. I have enclosed you the Captain's receipt for the packages.

Two days later, President John Hancock wrote to David Wooster Esqr. "Major General in the Continental Army, & Commander of the Connecticut Forces at or near New York:"

Dear Sir,

Philadelphia July 8th. 1775 Mr. Middleton & Mr Rutledge, Gentlemen of South Carolina and Members of the Congress, making a Tour to New York will before they Return to Congress, undoubtedly make a Visit to your Camp; they are Gentln. of the first Character & Fortune in Carolina & most firmly Attach'd to our Cause. I Beg your particular Notice of them, & that you will please to shew them Respect & Honour in your Military Department, which will have a good Effect.

I wish you all Happiness, & wherein I can Render you Service I Beg you will freely Command, Sir Your most Obedt hume sevt

John Hancock

On July 19, 1775 Middleton was appointed to a
committee with Francis Lewis and Robert Treat Paine to form a federal hospital.[8] Later, in July, Michael Hillegas and George
Clymer were appointed, joint treasurers of the United Colonies and were ordered
to “give bond, with surety, for the
faithful performance of their office, in the sum of 100,000 Dollars … for Henry Middleton.[9] In South Carolina, Middleton was also
relied upon for coordinating that State’s war efforts with the needs of the
Continental Army in ports as far South as St. Augustine. On January 1, 1776
Congressed the following resolution:

Resolved, That the first resolution together with copies or extracts of
such of the intercepted letters as tend to shew the state of the forts and
garrison at St. Augustine be transmitted by express to Henry Middleton and
John Rutledge Esqrs members of Congress to be by them laid before the
committees directed to meet [at Charleston] in consequence of the above
resolution and in case the enterprize be judged practicable that immediate
preparations be made by the joint force of the said colonies (viz South
Carolina, North Carolina and Georgia) and the expedition be undertaken without
delay at the expence of the united colonies.[10]

The written record on Henry Middleton's service as a South Carolina Delegate is silent, until October 23rd, when Delegate Peyton Randolph suddenly died. Delegate Samuel Ward's Diary, reports:

October 23rd: Resolved to attend the funeral with a mourning crape round the left Arm, to be continued a month. Mr. Middleton, Mr. Hopkins & Mr. Chase appointed to superintend the funeral & to request Mr. Duchee to preach a funeral discourse. New appointment of the Delegs. of the lower Counties, their credentials presented & approved.

The Journals of the Continental Congress reported:

Information being given to Congress that yesterday the Honorable Peyton Randolph suddenly departed this life, Resolved, That this Congress will attend his funeral as mourners, with a crape round their left arm, &par; according to the association & par; That the Congress continue in Mourning for the space of one month. That a Committee of three be appointed to the superintend the funeral.

The members chosen, Mr. Henry Middleton, Mr. Stephen Hopkins, and Mr. Samuel Chase. That the Committee waits on the Reverend Mr. Jacob Duché, and requests him to prepare a proper discourse to be delivered at the funeral.

On Tuesday afternoon his remains were removed from Mr. Benjamin Randolph's, to Christ Church, where an excellent sermon on the mournful occasion was preached by the Rev. Mr. Duché, after which, the corpse was carried to the burial ground and deposited in a vault till it can be conveyed to Virginia. [47]

The Funeral was conducted in the following order:

The Three Battalions, Artillery; Companies And Rifle-Men Of This City; The Clergy; The Body With Pall Supported By Six Magistrates; Hon. John Hancock, Esq.; The Members Of Assembly; Committee Of Safety; Mayor And Corporation Committee Of City And Liberties; Vestry Of Christ And St. Peter's Churches and Citizens.

The Pennsylvania Packet reported on October 30, 1775.

On the day his Remains were interred there was a greater collection of People that I had ever seen. The three Battalions were under Arms. Their Standards and Colors were furled with black Gauze: their Drums muffled, and covered with Gauze. The Bells at Christ Church were muffled. There, Mr. Duché preached a most excellent sermon:--thence the Corpse was carried to the Burying-yard, the way being lined on each side by the Battalions, leaning on their arms reversed.

On December 2, 1775, in response to an appeal from Northampton County, Virginia for protection against Lord Dunmore, Congress had dispatched Benjamin Harrison to Maryland to work with the delegates of that province in outfitting "two or three armed vessels" to engage enemy ships in Chesapeake Bay. Although Samuel Chase, in conjunction with the ongoing efforts of Congress to acquire a small fleet, had already made preliminary inquiries there into the availability of suitable vessels, news of Dunmore's intensified naval activities underscored the need for a naval force to challenge the Virginia governor. Henry Middleton, as evidence by Benjamin Harrison's December 10th letter to naval officer Wilson Miles Cary, was sent to Virginia:

Annapolis, Dec. 10, 1775.

We want at Philadelphia immediately two of your best Pilots;(1) they must be men that can be depended on.... I have sent Mr. Middleton in a Boat to Peanhetank, where he is to land and carry this to Col. Lewis who I expect will send it to you in the most secret manner.... Immediately on receipt of this look out for two [trusted] men and send them in disguise to Peanhetank where Middleton will wait for them and carry them to the Head of the Bay from whence they may easily get to Philadelphia. If the scheme we have on hand can be executed with secresy I make no doubt but we shall be able at least for the present to rid you of that Nest of Pirates that infest our whole Country....(2) The Pilots ... shall be rewarded to their Hearts content. Do charge them not to whisper the errand they are going on to any person whatever as I must repeat it again, our whole success depends on secresy.... Be so kind as to inform me what force Lord D[unmore] has with him in Ships & Land Forces and where they are stationed."

As a result of Harrison and Middleton's efforts, by early January the Continental sloop Hornet and the Continental schooner Wasp were ready to join the new American fleet that was preparing to sail from the Delaware with orders to proceed to the Chesapeake and attack Dunmore's naval force. Meanwhile, with his field work finished, Middleton continued south to his home in South Carolina, choosing not to winter in Philadelphia.

On Monday, January 1, 1776, with designs on crippling Great Britain's power of her colony of East Florida, Congress again look to Henry Middleton war expertise passing the following resolutions:

Resolved, That the seizing and securing the barracks and castle of St. Augustine will greatly contribute to the safety of these colonies, therefore it is earnestly recommended to the colonies of South Carolina, North Carolina and Georgia to undertake the reduction of St. Augustine, if it be thought practicable.

Resolved, That the president of the provincial council of North Carolina and Georgia, be requested to procure committees of their several bodies to repair immediately to Charleston, and there to confer with a committee of the council of safety of South Carolina, upon weighty and important matters relative to the defence and security of those colonies.

Resolved, That the first resolution together with copies or extracts of such of the intercepted letters as tend to shew the state of the forts and garrison at St. Augustine be transmitted by express to Henry Middleton and John Rutledge Esqrs members of Congress to be by them laid before the committees directed to meet [at Charleston] in consequence of the above resolution and in case the enterprize be judged practicable that immediate preparations be made by the joint force of the said colonies (viz South Carolina, North Carolina and Georgia) and the expedition be undertaken without delay at the expence of the united colonies.

Resolved, That it appears the British ministry and their agents have meditated and are preparing to make attacks upon Charleston, in South Carolina, and several places in Virginia, and probably in North Carolina; and that it be recommended to the conventions or committees of safety of the two former colonies, and to the provincial council of the other, by all possible means, to make a vigorous defence and opposition; and that it be farther recommended to the committee of safety of Virginia, and the provincial council of North Carolina, to meet together and confer and conclude upon such operations as they may think most for their mutual interest.

Southern Militias would launch several campaigns against St. Augustine, but none succeeded. There were, however, a number of battles and skirmishes in the northeast corner of Florida and southeast corner of Georgia as the two armies battled for control of the area between St. Augustine and Savannah. Because St. Augustine remained in British hands throughout the Revolutionary War, the city became an important destination for Loyalist refugees from throughout the thirteen rebelling colonies. The population of St. Augustine, therefore, swelled and numerous new homes and other structures were constructed while numerous 17th and early 18th Spanish buildings were renovated.The South Carolina
Congress, on Thursday, February 8, 1776, passed a resolution
to honor Henry Middleton and John Rutledge.

Resolved, That Mr. President do signify the
approbation of this Congress, and present their thanks to the Honourable Henry
Middleton and John Rutledge, Esquires, now present in Congress, and to the
other Delegates of this Colony at Philadelphia, for their important services in
the American Congress.[12]

Upon its passage the President of the South
Carolina Congress rose and addressed Mr. Middleton and Mr. Rutledge as follows:

GENTLEMEN: When
the hand of tyranny, armed in hostile manner, was extended from Great Britain
to spoil America of whatever she held most valuable, it was, for the most
important purposes, that the good people of this Colony delegated you to
represent them in the Continental Congress at Philadelphia. It became your
business to ascertain the rights of America to point out her violated
franchises, to make humble representation to the King for redress; and, he
being deaf to the cries of his American subjects—to appeal to the King of
Kings, for the recovery of the rights of an infant people, by the majesty of
Heaven formed for future empire.

In this most important business, you engaged, as
became good citizens; and, step by step, you deliberately advanced through it,
with a regret and sorrow, and with a resolution and conduct, that bear all the
characters of ancient magnanimity. Your constituents, with a steady eye, beheld
your progress. They saw the American claim of rights, the Association for the
recovery of American franchises, and the humble Petition to the King for
redress of grievances. They saw the American appeal to the King of Kings, and a
second humble Petition to the British Monarch—alas! as unavailing as the first.
They have also seen the establishment of an American naval force — a Treasury —
a General Post-Office — and the laying on a Continental embargo. In short, they
have seen permission granted to Colonies to erect forms of Government,
independent of, and in opposition to, the regal authority.

Your country saw all these proceedings, the work of a
body of which you were, and are members; proceedings arising from dire necessity,
and not from choice; proceedings that are the natural consequences of the
present inauspicious reign; proceedings just in themselves; and which,
notwithstanding the late declarations of the corrupt Houses of Parliament, the
Proclamation at the Court of St. James's, on the 23d of August, and the
subsequent Royal Speech in Parliament, are exactly as far distant from treason
and rebellion as stands the glorious Revolution which deprived a tyrant of his
Kingdoms, and elevated the House of Brunswick to royalty.

Worthy Delegates! It is the judgment of your country
that your conduct, of which I have just marked the grand lines, in the American
Congress, is justifiable before God and man; and that, whatever may be the
issue of this unlooked-for defensive civil war, in which, unfortunately, though
gloriously, we are engaged—whether independence or slavery—all the blood, and
all the guilt, must be imputed to British, not to American counsels. Hence your
constituents, sensible of the propriety of your conduct, and of the benefits
which, with the blessing of the Almighty, it is calculated to shed upon
America, have constituted me their instrument, as well to signify to you their
approbation, as to present to you their thanks; and it is in the discharge of
these duties that I now have the honour to address you.

In an
important crisis like the present, to receive the publick thanks of a free
People, is to receive the most honourable recompense for past services; and to
deserve such thanks, is to be truly great. I know that it is with pain such men
hear their commendations. Gentlemen, with the publick recompense, I mean to pay
in to you my mite also; and lest I wound your delicacy, when I mean only to do
justice to your merit, I forbear to particularize what is already well known. I
therefore confine myself; and I do most respectfully, in the name of the
Congress, present to you, and to each of you, the thanks of your country, for
your important services in the American Congress, at Philadelphia. [13]

Meanwhile, in Philadelphia, Henry Middleton, despite being in South Carolina, was elected to a committee to form a new national government that was to become the United States of America. The Journals of Congress report:

In Congress, Sunday, February 11, 1776, P. M. The Congress met. The Congress then proceeded to ballot for the Members of the Committee to prepare a plan or form of Government. And the following gentlemen were, by Mr. President, declared duly elected by a majority of votes, viz:

Despite the resolution and his reelection to
Congress, Henry Middleton declined serving further in Congress. The American
Archives reports:

The Honourable Henry Middleton arose, declared his
sensibility of, and thankfulness for, the honour that had been conferred upon
him, in his appointment as a Delegate from this Colony to the Continental
Congress; and that no man had better wishes, or would go greater lengths to
serve his country, than himself; but that, as the infirmities of age which were
creeping on, deprived him of the ability of rendering so much service to the
publick as in his earlier days he might have done; so he requested that the
Congress would not again appoint him as a Delegate to the Continental Congress,
in the choice now to be made.[14]

Congress accepted his
resignation and a new roll of Delegates for South Carolina were approved with
this resolution with Arthur Middleton, his son, appointed to Henry’s Continental
Congress seat.

Resolved, That Thomas Lynch, John Rutledge, Edward
Rutledge, Arthur Middleton, and Thomas Heyward, Jun., Esqs., be, and they are
hereby appointed, and fully authorized, to represent this Colony in the
Continental Congress for one year next ensuing.[15]

Arthur Middleton would go on to serve
throughout the entire 1776 session of the Continental Congress and vote for
Independence on July 2, 1776. On July 4,
1776 Delegate Middleton voted for the Declaration of Independence. He returned to Philadelphia on August 2, 1776
to sign the engrossed copy of the Declaration of Independence immortalizing Arthur
Middleton’s name in American history.[16]

Henry Middleton's
health rebounded in 1776 and he was elected to the South Carolina legislative
council with this resolution:

In this council, he
was, at best, a reluctant supporter of declaring Independence throughout his
1776-1777 tenure in South Carolina.
Henry supported the war effort with money as well as continued service
in various South Carolina political offices and committees. Middleton, despite
being a staunch conservative, greatly admired the abilities and character of
George Washington. He was a strong and
early supporter of Washington as evidence by this July 5, 1777 letter to the
Commander-in-Chief:

I have often thought of your Excellency with
great concern I felt for you when I considered the many difficulties you had to
overcome, and the great fatigue both of body and mind which you must
unavoidably undergo as best wishes have constantly attended you. May divine Providence shield you from all
dangers and enable you to go through with the arduous task which has been
assigned to you, and may he crown your labors with victory and put an end to
the present unhappy contest for American Freedom.[17]

Henry Middleton to George Washington July 5, 1777 – Courtesy of the Library of Congress[18]

In 1778 Henry Middleton was elected to the
South Carolina State Senate and served until the Spring of 1780. On May 12,
1780 the British General George Clinton captured Charleston, South Carolina and
went on to control most of Georgia and the Carolinas. Signers Edward Rutledge,
Thomas Heyward, Jr. and Arthur Middleton were all captured in the Siege of
Charleston. All three refused to take
the offer of amnesty and swear allegiance to King George III. They were placed on a British Warship where
they were jailed in a stockade at St. Augustine, Florida.

Henry Middleton, now 63, surprised everyone when
he avoided imprisonment by pledging his allegiance[19] to
the crown. This came as a great blow to the Continental Congress and President Samuel Huntington who were wrangling with Maryland, the lone holdout on approving the Articles of
Confederation. Henry
Middleton’s oath of allegiance to
King George III and his urging of fellow countrymen to do the same hurt
the patriotic cause for Independence. The Royal South Carolina Gazette reported on November 17, 1780:

"Henry Middleton, Esquire formerly President of the Continental Congress and Gabriel Markngault, Esquire represented memorials to the commandant setting forth, that at all times hereafter they should support his Majesty's government to the utmost of their power and therefore requested to be readmitted to the Privileges of British subjects in order to have an opportunity to evince the sincerity of their possessions; they accordingly subscribed a declaration of their allegiance and Fidelity before one of the Intendants of the Police. In consequence whereof, those Gentlemen have been restored to the immunities and advantages enjoyed by the rest of the King's loyal subjects."

This reversal, which had a lot to do with his 1776 marriage to a an English noblewoman, did not damage his reputation in the long run, due to his previous support of the Revolution and the patriotic fervor of his son, Declaration of Independence signer Arthur Middleton. Moreover, Henry Middleton’s surrender resulted in the preservation Middleton and the Oaks Plantations for his imprisoned son Arthur and other children.

Henry Middleton’s support
for the crown proved to be half-hearted at best. There is also evidence that he
was working behind the enemy lines forwarding intelligence to General Greene
and Lafayette to confound General Cornwallis’ campaign into North Carolina and Virginia.
By 1781 the fortunes of the British changed, General Cornwallis was defeated at
Yorktown. Signers Edward Rutledge,
Thomas Heyward, Jr. and Arthur Middleton obtained their freedom after the battle
in various prisoner exchanges. Middleton’s
lapse of loyalty was also excused by South Carolina due to a £100,000loan to the State for reconstruction. In the end, Middleton did not suffer the fate of having his estates confiscated, as many Loyalists did after the war.

After the war Middleton prospered in the U.S.
post war economy primarily because his large and successful plantation was preserved
by the British. The 1783 South Carolina tax assessment of
Middleton Plantation reported 27,871 acres in land holdings. The same assessment reported Henry Middleton had
the dubious distinction of being one of the largest slave holders in the South
Carolina exceeding 266 souls.[20] Middleton
spent his final years on the Plantation improving agriculture and advancing the
commerce of South Carolina with the north, Europe and the Far East.

Henry thrice remarried, and married his first wife, Mary Williams in 1741. Mary Baker William's father was John Williams, a wealthy landowner, Justice of the Peace and member of the Assembly and her mother was Mary Baker. Mary was the only daughter of John and Mary Williams and was the heiress of the substantial estate. Mary's dowry included the house and plantation that they named Middleton Place. She was the mother of seven children including Arthur (signer of the Declaration of Independence), Thomas, Hester, Sarah, Mary, Susannah and Henrietta Middleton. She died on January 9, 1761, and it is her tomb that forms the top of the Middleton Mausoleum. After the death of Mary Williams, Henry Middleton moved from Middleton Place to his birthplace, The Oaks.

Henry Middleton's second wife was Mary Henrietta Bull, born February 16, 1722, was the daughter of Middleton's business partner William Bull. Henrietta died on May 1, 1772, three years before he held the Continental Congress Presidency. Middleton married his third wife, Lady Mary Mackenzie (1720 - 1788), widow of Joh n Ainslie, on January 3, 1776, in Charleston, South Carolina. They had no children. Lady Mary was the daughter of George, 3rd Earl Of Cromartie Mackenzie and Isabella Jordan. Lady Mackenzie, died at sea on November 21st, 1788 Returning From England.

The former President died in
Charleston, on June 13, 1784 and is buried in

Saint James Goose Creek Cemetery, Goose Creek South Carolina, in an unmarked grave.

First United American Republic:United Colonies of North America: 13 British Colonies United in Congress was founded by 12 colonies on September 5th, 1774 (Georgia joined in 1775) and governed through a British Colonial Continental Congress.Peyton Randolph and George Washington served, respectively, as the Republic's first President and Commander-in-Chief;

Fourth United American Republic:The United States of America: We the People was formed by 11 states on March 4th, 1789 (North Carolina and Rhode Island joined in November 1789 and May 1790, respectively), with the enactment of the U.S. Constitution of 1787. The fourth and current United States Republic governs through the U.S. House of Representatives and Senate in Congress Assembled, the U.S. President and Commander-in-Chief, and the U.S. Supreme Court. George Washingtonserved as the Republic's first President and Commander-in-Chief.

Biographical Directory of the United States Congress: MIDDLETON, Henry, (father of Arthur Middleton and grandfather of Henry Middleton [1770-1846]), a Delegate from South Carolina; born at “The Oaks,” near Charleston, S.C., in 1717; educated at home and in England; justice of the peace and quorum 1742-1780; member of the provincial house of commons 1742-1755 and served as speaker 1745-1747, 1754, and 1755; commissioned officer of horse of the provincial forces in 1743; commissioner of Indian affairs in 1755; member of the King’s Provincial Council from 1755 until his resignation in September 1770; member of the provincial convention in 1774; Member of the Continental Congress 1774-1775; served as president of that body from October 22, 1774, to May 10, 1775; member of the council of safety in 1775 and 1776; member of the Provincial Congress of South Carolina in 1775 and 1776; member of the committee to prepare a form of government in 1776; member of the legislative council under the transition government 1776-1778; member of the state senate 1778-1780; large landowner and planter in Berkeley, Colleton, and Granville Counties, residing at his estates, “The Oaks” and “Middleton Place”; died in Charleston, S.C., June 13, 1784; interment in Goosecreek Churchyard, St. James Parish, Berkeley County, S.C.

* The Articles of Confederation was ratified by the mandated 13th State on February 2, 1781, and the dated adopted by the Continental Congress to commence the new United States in Congress Assembled government was March 1, 1781. The USCA convened under the Articles of Confederation Constitution on March 2, 1781.

** On September 14, 1788, the Eighth United States in Congress Assembled resolved that March 4th, 1789, would be commencement date of the Constitution of 1787's federal government thus dissolving the USCA on March 3rd, 1789.

The Fourth United American Republic

Presidents of the United States of AmericaD-Democratic Party, F-Federalist Party, I-Independent, R-Republican Party, R* Republican Party of Jefferson & W-Whig Party

[1] Peter Force, AMERICAN ARCHIVES: Containing A Documentary
History Of The United States Of America Series 4, Six Volumes and Series 5,
Three Volumes: M. St.
Clair Clarke and Peter Force under the authority of Acts of Congress; Washington,
D.C.: 1848-1851. 9 Volumes Folio - over 12" - 15" tall. Containing A
Documentary History Of The United States Of America From The Declaration Of
Independence, July 4, 1776 To The Definitive Treaty Of Peace With Great
Britain, September 3, 1783. Volume II
– South Carolina, 8th day of July, 1774

[17] Henry Middleton, to George Washington, July 5, 1777;
George Washington Papers at the Library of Congress, 1741-1799: Series 4.
General Correspondence, Henry Middleton to George Washington, July 5, 1777

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*Republican Party - - is a defunct political party organized by Thomas Jefferson and James Madison in 1791. The Party went out of existence over the schism between John Quincy Adams and Andrew Jackson (both Republican candidates) over the Presidential election of 1824. Today, for the sake of expediency, political scientists incorrectly refer to it as the Democratic-Republican Party. Party members throughout its existence never utilized the name “Democratic-Republican.”

**Acting US President - David Atchison never claimed that he was the President of the United States for one day on March 4, 1849. Political Scientists who make the assertion claim that because Zachary Taylor refused to be sworn in on a Sunday, March 4, 1849, and both the President and Vice President's term ended on that date the President pro-tempore of the U.S. Senate, David Atchison, therefore became the President under 1849 Presidential succession law.